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The first issue to consider in establishing Carla's criminal liability is to examine the elements of the offence she has been charged with.
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Question 1 The first issue to consider in establishing Carla's criminal liability is to examine the elements of the offence she has been charged with, i.e. the actus reus and the mens rea, which must be contemporaneous. The actus reus is the prohibited conduct of the accused and mens rea is the mental element expressly or impliedly required by the definition of the offence charged, which normally relates to the consequences or circumstances, or both, required for the actus reus of the offence.1 In Section 3 of the Deer Act 1991, the actus reus (prohibited conduct) here is the 'taking' or 'killing' of any deer between the expiry of the first hour after sunset and the beginning of the last hour before sunrise. So, can Carla be convicted with the offence contrary to s3 of the Deer Act 1991? Carla's act of shooting the deer does not mean she killed the deer, as the...
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